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To: BibChr
If convicted (found guilty, that is — of murder) she may do FIVE (5) years in prison. No, it just isn't getting clearer to me.

Makes no sense to me either, and I'm a lawyer. Five years makes sense if the only possible charge was vehicular manslaughter, maybe, but this case should support a lot of more serious charges: kidnapping (driving him to her garage and keeping him there), felony murder (death caused by kidnapping), and probably at least second-degree murder as well (not sure of the Texas definition; in New York, this would be death caused by "a depraved indifference to human life").

31 posted on 03/08/2002 6:24:00 AM PST by Lurking Libertarian
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To: Lurking Libertarian
Good points, thank you. I feel for people who panic momentarily under pressure and all, but... good heavens!

Dan

46 posted on 03/08/2002 6:36:19 AM PST by BibChr
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To: Lurking Libertarian
felony murder (death caused by kidnapping)

This is exactly what I thought yesterday (and I'm not a lawyer). And anyone who helped her get rid of the body would be an accessory after the fact, yes? I have no idea why they are not pursuing this. And you don't either. Between your confusion and mine, this whole thing stinks to high heaven, doesn't it?

48 posted on 03/08/2002 6:41:10 AM PST by hellinahandcart
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To: Lurking Libertarian
I thought it said five years TO life.

Most likely she will be senteneced at the far end of what is allowable. I think they may be able to get premeditation since the man was alive and likely would have lived if she hadnt left in her windshield locked up in her garage. Seems like a smart prosecutor could throw in "kidnapping" charge which is a death penalty charge.

54 posted on 03/08/2002 6:52:47 AM PST by Dave S
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To: Lurking Libertarian; BibChr
Only five years in jail?

Sounds like time to throw the book at someone, then stack the sentences, and then bring on a federal trial for having denied the decedent his civil rights, and let her do some federal time while waiting to come home to the state time.

That's if they can't do better than a five-year charge. What about voluntary manslaughter? Second-degree murder?

I want some videotape of this guy's dead body with MLK's "I Have a Dream" speech booming in the background. About how people were all going to be nice to one another.

Question: Would nurse's aide Mallard have done this to a brother?

55 posted on 03/08/2002 6:58:08 AM PST by lentulusgracchus
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